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Connecticut Passes Law Legalizing Cannabis

Jul 01, 2021

Connecticut passed a new law legalizing cannabis. Effective July 1, 2021, individuals will be able to lawfully possess, use, and consume recreational cannabis.


Smoking Restrictions

The law contains provisions restricting smoking that will affect employers. These provisions will go into effect October 1, 2021.

All employers must ban smoking and the use of electronic nicotine and cannabis vaping products in any area of their facility. Employers can no longer designate a smoking room for employees. The law applies to the inside of buildings as well as 25 feet from any doorway, window, or vent. Exceptions are limited and include tobacco or cannabis research facilities and specific licensed establishments. Employers also have the option to designate their entire property as a nonsmoking area.


Employment-Related Provisions

Another section of the law contains several provisions that will affect employers and their employment policies. These provisions will be effective July 1, 2022.


  • Employers can implement policies prohibiting the use of cannabis by employees, except for qualified patients under the state’s medical marijuana laws. Any such policy must be in writing and be made available to employees and prospective employees before it goes into effect.


  • Employers cannot terminate or take any adverse action against an employee because the employee uses cannabis outside the workplace, except when an employer has an established policy in place. 


  • Employers cannot terminate or take any adverse action against an employee or prospective employee for using cannabis prior to employment, unless it would put the employer in violation of a federal contract. 


  • The law affirms that employers have the right to maintain a drug and alcohol-free workplace and that employers may take adverse action when they have a reasonable suspicion of an employee’s cannabis use while working or when an employee shows “specific, articulable symptoms” of cannabis use while working. 


  • Employers can terminate or take adverse action against an employee after a positive drug test if the employer has a reasonable suspicion the employee is using cannabis at work, if the testing was part of an established random drug testing policy, or if the testing was for a prospective employee with a conditional job offer.


Certain employers are exempt, including: mining, utilities, construction, manufacturing, transportation/delivery, educational services, healthcare or social services, and justice, public order, and safety activities.


The law also exempts certain employee positions, including: firefighters, EMTs, police officers, positions requiring operation of a motor vehicle that requires drug testing under state or federal law, positions requiring certification of completion of a course in construction safety and health approved by OSHA, positions requiring supervision or care of children, medical patients or vulnerable persons, positions for which the law would conflict with federal law, positions funded by a federal grant, or if the provisions would conflict with an employment contract or collective bargaining agreement, and positions that an employer determines have the potential to adversely impact the health or safety of employees or the public.


Individuals aggrieved by an employer’s violation of the law can bring a civil action in superior court and may be awarded reinstatement their job or job offer, back pay, and attorney’s fees.

 

For any questions or concerns about this new Connecticut law, please contact the attorneys at The Royal Law Firm at 413-586-2288.

06 Mar, 2024
Walking a Fine Line  By Trevor Brice, Esq.
14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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